News

Young man with Down's Syndrome, smiling, touching foreheads with father

Deprivation of liberties and the under 18s

8 August 202226 July 2022
Comment, Mental Capacity in Practice

When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.

Consultancy services: two women having a business meeting

Supporting your team with MCA consultancy

1 August 20221 August 2022
News

In our mission to Promote, Partner and Protect, we place a great emphasis on helping teams develop their skills around the Mental Capacity Act, Mental Capacity Assessments, and related areas such as Best Interest Decisions and LPA. In today’s blog we want to shed a little light on what this can look like in everyday practice…

Care in the home: carer helping elderly lady down the stairs

Key legislation updates (so far) in 2022

25 July 202215 July 2022
Comment, Mental Capacity in Practice

This year has seen several quite significant updates in healthcare legislation, with several important changes for the way we treat and care for patients. While these are not all related to the Mental Capacity Act directly, it’s important that we take note of the changes and how they affect our day-to-day work.

Two women sat at desk filling out LPS forms

Release of draft LPS forms

18 July 202215 July 2022
Comment, News

On 8th July 2022 a set of nine draft forms related to the Liberty Protection Safeguards were released via email from the Department of Health and Social Care. These are not believed to be the mandatory format going forward, but rather are designed to help guide expectations and ensure consistency.

Lasting Power of Attorney: Man signing legal document

Modernising Lasting Power of Attorney

11 July 202225 January 2023
Comment

Lasting Power of Attorney (LPA) is an important form of advanced decision making giving people the option to assign a trusted person (or persons) to make decisions on their behalf should they ever lack capacity in the future.

However, the role of LPA is not always well understood, and has often been misapplied or even in some cases neglected by some professional teams who may lack sufficient training.

Elderly couple smiling and laughing together while standing in a field of yellow flowers

Our values: Promote, Partner, Protect

4 July 202223 June 2022
Comment, Mental Capacity in Practice, News

Values are essential to help us establish a moral outlook and focus within our everyday practices – without which we lose our sense of identity and purpose.

Here at Mental Capacity Ltd, we have identified three core values to guide us in our mission: Promote, Partner and Protect.

Next of kin: child with parents standing in field, pointing into the distance

Examples of the misuse of Lasting Power of Attorney (LPA)

27 June 202226 November 2022
Comment, Mental Capacity in Practice

In our last blog, we outlined some of the key differences between Next of Kin (NOK) and Lasting Power of Attorney (LPA). In this follow-up blog, we will explore a few recent examples of misuse of LPA, and lessons we can learn going forward.

Statutory roles: woman reading over report

LPS consultation extended to 14th July 2022

23 June 202226 July 2022
News

The LPS consultation will now remain open until 14^th July 2022 to allow for a greater range of responses. There are a number of resources and walkthroughs on the consultation document(s) available, including easy read versions available via the main consultation website.

Next of Kin vs Lasting Power of Attorney

20 June 202225 January 2023
Mental Capacity in Practice

According to UK consumer rights organisation Which?, the Power of Attorney system is in ‘desperate need of improvement’. This is because many people don’t understand how the system works, and it can also be difficult to put vital Lasting Power of Attorney (LPA) arrangements in place.

Young man in red wheelchair smiling and happy

Preparing questions for a complex Mental Capacity Assessment

13 June 202225 February 2023
Case Study, Mental Capacity in Practice

In our last blog, we considered the complex case of ‘P’ – an individual being assessed for mental capacity with respect to their change in accommodation, as well as their wish to take responsibility for managing their inheritance.

The case study highlighted several major issues in the way the original mental capacity assessment had been completed, including concerns around the lack of support to help P communicate autonomously, and the lack of documentation around P’s condition and capacity.

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